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(영문) 창원지방법원 2017.06.15 2016노2136
폭행치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. However, there is an unfavorable circumstance to the defendant, such as the fact that the defendant has inflicted an injury on the victim for a 60-day shoulder of the 60-day shoulder, etc.

However, in full view of the following circumstances: (a) the Defendant was found to have committed the instant crime for the late time in the past; (b) the instant crime was contingent in the process of fighting between the parties; (c) the Defendant suffered salt pans, such as the shoulder of 3 weeks before and after the Defendant’s assault from the victim of India; (d) the Defendant was an initial offender who has no record of punishment; (e) the Defendant’s situation is difficult; (e) the Defendant’s age, environment, sex conduct, circumstances before and after the commission of the instant crime; and (e) other circumstances that are conditions for sentencing specified in the records and arguments, the sentence imposed by the lower court is somewhat inappropriate.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the crime, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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